A poorly made prenuptial agreement protects no one

A prenuptial agreement is only an invitation for greater conflict both inside and outside of your marriage if it is carefully, professionally crafted. Far too many couples have created faulty prenups and seen them crumble when they were needed. If you and your future spouse are considering creating a prenuptial agreement, be sure to take all the proper precautions to ensure that it is valid and dependable.

There are, generally speaking, two basic kinds of faults that undermine prenuptial agreements. Many well-intentioned couples either create legally weak agreements or do not properly give one party enough input in the process. Unfortunately, there is a common misconception that a prenuptial agreement can be whatever the creators want it to be. In fact, there are a significant number of restrictions on what can and cannot go into a valid prenuptial agreement.

If your prenuptial agreement is poorly constructed or contains provisions that contradict the law, it is not going to protect anyone. Similarly, if you or your future spouse creates a prenuptial agreement and the other party does not properly review it and understand the terms, or if one party coerces the other agree to an agreement against his or her own interests, the agreement may not stand up in court.

The bottom line is that prenuptial agreements are only as effective as the quality of their construction. A truly comprehensive agreement can simplify your marriage and a potential divorce, but it is crucial that the creators do not cut corners or attempt to skirt the law. If you are ready to fully represent and protect your relationship, you can consult an attorney with experience creating high-caliber agreements.

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Rubinstein, Holz & King, P.A., based in Fort Myers, Florida, provides skilled family law representation to clients in Fort Myers, North Fort Myers and Cape Coral, and surrounding areas of Lee County, Charlotte County, Hendry County and Glades County.